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(영문) 서울북부지방법원 2018.06.19 2017가단25755
부당이득금반환
Text

1. The plaintiff (Appointed)'s claims against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. The plaintiff (appointed party) and the designated parties (hereinafter collectively referred to as "the plaintiff, etc.") are co-owners of the building and the above ground C of Seongbuk-gu Seoul Metropolitan Government I large 3,306 square meters (hereinafter "the instant land") and the co-owners of the building.

At the time when the representative of the Defendant Association was the president of the Defendant Association (hereinafter referred to as the “SOC”) in the past, the Defendant Association: (a) leased the parking lot to the Defendant Association for the business of J and K; (b) thereafter, G transferred 47,809,127 the rental fee that was paid during the period when G transferred the business of the Defendant Association Chairperson to Defendant B; and (c) the Defendants received the rental fee of KRW 375,200,000, the total amount of the rental fee of KRW 423,009,127.

However, since the defendant prosperity does not have the management authority because it is not a management authority of the third party under the Act on the Ownership and Management of Aggregate Buildings, it is not entitled to enter into a lease contract with J, K and parking lot, and there is no authority to obtain rent profits accordingly.

Therefore, the Defendants are jointly and severally liable to pay 423,09,127 won of the above rent, which was profited without any legal ground, to the Plaintiff, etc., who is a co-owner of the instant land, based on the area of the relevant site.

2. The following points can be seen by comprehensively taking into account the respective descriptions in Gap's 1, 3, 4, and Eul's 1 through 5 (including a serial number, if any), and the overall purport of the pleadings. In other words, considering C's structure, the circumstances leading up to the formation of the defendant's prosperity, the rules and management rules, and the duties of the defendant prosperity have been carried out by the defendant prosperity, it is reasonable to view that the defendant prosperity has the authority to carry out the management activities, including the maintenance and repair of C's above, and the defendant prosperity has the authority to carry out the management activities, including the maintenance and repair of the defendant prosperity. The defendant prosperity lease the parking lot between K or J as of April 28, 206 at the time when G was the chairperson of the defendant prosperity Council.

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